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Studio B With Shepard Smith

News/Business. Shepard Smith. Shepard Smith reports on the days top news stories. New. (CC)

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Boston 29, Us 15, Dzhokhar Tsarnaev 14, Kazakhstan 9, Dzhokhar 8, U.s. 5, Heather Hanson 4, Massachusetts 4, United States 3, Dias Kadyrbayev 3, Robel Philipos 3, Cambridge 3, Russia 3, Jonathan Hunt 2, Allstate 2, The F.b.i. 2, Peter King 2, Azamat Tazhayakov 2, Catherine Herridge 2, Neil Cavuto 2,
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  FOX News    Studio B With Shepard Smith    News/Business. Shepard Smith. Shepard Smith  
   reports on the days top news stories. New. (CC)  

    May 1, 2013
    12:00 - 1:01pm PDT  

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>> one of the most incredible things from this f.b.i. affidavit, according to this, tsarnaev never asked them to remove the evidence. they just did it to help their friend. thanks for watching, everyone. i'm megyn kelly. here is shepherd. >> shep: continuing coverage of breaking news. police have now confirmed the new arrest in connection with the boston terrorist attack, the first arrest in nearly two weeks. three more suspects now in custody. according to the court papers, the prosecutors say two of the men decided to throw i way a backpack belonging to the younger bombing suspect, dzhokhar tsarnaev. a backpack containing fireworks and a laptop computer. the third and new suspect accused of lying to investigators. attorneys say at least two of these new suspects will appear in court 30 minutes from now and will plead not guilty. here you can see the new suspects standing in "new york times" square with dzhokhar
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tsarnaev. investigators say both men knew him from school. one is a current student at the university of massachusetts dartmouth and one is a former student from that same university. both are citizens of kazakhstan. but the third is an american citizen. a live look at the courthouse outside the courthouse in boston, we expect attorneys for two of the suspects to speak to reporters after their court appearance coming up minutes from now. first, catherine herridge with updated and new information from d.c you read through this thing now. help us understand the main parts. >> the main take away from the affidavit is that the three suspects all believed at the time that they took these actions to dispose of the laptop computer, fireworks inside, as well as a jar of vaseline, that they believed they were doing so to help their friend, dzhokhar tsarnaev, who they believed to be one of the boston bombing
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suspects. and this was based on two critical observations in the affidavits. one, that they had seen the f.b.i. surveillance video released the evening of april 18 and they believed that it was very familiar and it was their friend from u mass dartmouth. and second, that they had seen inside the apartment what appeared to be fireworks with gun powder removed and also a jar of vaseline. there is a critical footnote in the document, which indicates that about a month earlier, dzhokhar tsarnaev said to at least two of the suspects that he knew how to make a bomb. so again, these were not acts of omission. these were acts of commission, according to the affidavit. they were deliberate steps taken. once these three suspects realized it was their friend who was one of the boston bombers. >> shep: you talked earlier about these text messages that really sort of put things in a really clear light. >> one of the text messages, according to the affidavit, is that one of the three suspects got in touch with dzhokhar, suggesting have you seen the
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news? have you seen the images? you look like one of these guys. he texted back saying lol, the acrow number for laugh out loud which seemed like an odd response from somebody when you've said hey, look, you look like one of the bombers. an interesting element to this is how they got to these guys in the first place. after dzhokhar and tamerlan tsarnaev were identified, either captured or killed, investigators went through their pocket litter. that's a term that investigators use to describe the information that they have on their person at the time, what's in their cell phone or iphone, what the records show, and shortly after that, we had the raids near the u dartmouth campus of this apartment suite where two of the suspects lived. after that, we had the sweep of the garbage dump and what we now know based on the affidavit is that this was part of the search for the backpack, the laptop computer, and these fireworks casings and that they did recover the laptop in this case at the end of one of the affidavits.
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this is consistent with our reporting on fox last night that the computers of the tsarnaev brothers had been recovered and that they had not been cleared or wiped. their hard drive prior to the boston bombing attacks. >> shep: now we know why, because he had left that bag back in the room. correct me if i'm wrong on any of the details, but it's my understanding that it's not like dzhokhar called up his buddies and said, could you throw this stuff away for me? i really need distance from it. but instead, they saw it there, put two and two together, according to the affidavit, realized that their friend was part of this bombing and said we'll help him out. we're not going to call 911 and try to prevent what turned out to be the murder of a police officer from mit. instead, we're going to throw this stuff away in the dumpster and then they saw it get carted away. >> that's my take away from reading the affidavit. i'm looking for a specific quote here because they indicate that they get a call or a text from dzhokhar saying he's leaving. here it is. he stated to them, i'm about to
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leave, if you need something in my room, take it. and one of the suspects, when he got the message, he believed that that was the last time that he would see dzhokhar or hear from him alive again. so there does not appear to be a specific direction to destroy, but that this was a step taken on behalf of dzhokhar by the three individuals. i want to go through the affidavit. there is a lot of information here. the take away from all of it is that according to the allegations and the criminal complaint, these were deliberate acts. these were acts of commission. not unwitting acts and they took these acts on two levels; one that they had identified their friend through the surveillance video that was released by the f.b.i they had seen that on television. and two, they had seen evidence in the apartment suite of bomb making. and this, according to the affidavit, was another piece of evidence that confirmed to them that he was one of the boston bombing suspects. >> shep: one more thing, if you have time. what do we know about the process? what the feds are saying about
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how they zeroed in on these particular suspects? >> that issue of pocket litter, after tamerlan and dzhokhar tsarnaev were either picked up or killed, investigators looked for what's called pocket litter or the kind of data on their person at the time. so anything from notes in your pocket to the records in your cell phone. shortly after that, we had the apartment sweep of two of the suspects. so when you connect the dots, at least what you can suggest also based on the complaint that says there was ample phone or text records that that led them to the individuals. and as we reported on friday here at fox news, at least two were initially held on these immigration violations. this was a violation of their student visa. this was simply a holding charge. we were told by national security source because the jttf wanted to question the men about what actions they took after the 18th and whether it was at the direction of dzhokhar tsarnaev. so that is how the whole sort of
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stream of information played out into the criminal complaint today. >> shep: briefly, there is not an allegation that they knew about this in advance, right? >> the attacks in boston? >> shep: yeah. >> no. there is nothing in it that suggests they were part of a conspiracy to build a bomb, or they knew about it in advance, but there is a footnote that says a month before the attack in a conversation with one of the tsarnaev brothers, that their friend indicated that they knew how to make bombs. i don't know for the average person if someone tells you they know how to make a bomb that's something that washes off your back or not. but it is an odd claim to make and then a month later, be involved in a bombing itself. >> shep: i read through this and it doesn't suggest that the feds have said we're sure they didn't know about this in advance. and you try to put yourself in the position of these college students. that's what i'm trying to do fort last hour. you come to the realization that your friend has murdered an eight-year-old boy and
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terrorized a nation and you make a decision not to call 911. you decide instead to help the person whom you now believe has murdered and maimed by throwing their stuff away. you have to wonder from that just by the decision making process, if maybe they didn't either have some advance knowledge and i'm sure they're checking into that, or at least a similar mindset, because who does that? >> well, the way the process lays out is as we've seen here, is that you typically have a holding charge, then you have a criminal complaint with allegations, and then there can be a superseding charge, so additional charges in the future, depending on the information that's uncovered in the investigation. so i think it's not -- we're not really able to get to walk in the shoes of these individuals at this time. fox news did speak to the lawyer for two of the suspects on friday who said to us that their client was horrified at what had happened in boston and had deep
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sympathy for the victims. so you can take that data point and try and reconcile it with the facts that are laid out in the criminal complaint. >> shep: i really appreciate your reporting and you had a lot of good stuff last night that led us to here. appreciate you. >> no problem. thank you. >> shep: with us now, the former assistant director of the f.b.i. los angeles field office, richard garcia is here. good afternoon. thank you. >> good afternoon. >> shep: their actions, you know, it's entirely possible -- everything is possible here. it's possible they're just such good buddies, his first thought was, wow, i got to help my friend. but this is the same person who knew them, that his friend murdered people and maimed people and terrorized a nation. it is just not the kind of decision a man of opposite mind would make. >> well, it's true. you really don't underst technically the maturity of the individual or the naiveness of the individual, what actual will he is going to be the results of their actions. and i'm sure that now after sitting in jail and these complaints being filed, et
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cetera, they're going to be actually really realizing to what extent their problems are going to be now with the federal government. >> shep: i guess what you don't want to do initially is overcharge. you charge what you need to charge to get the process going. just like the holding charge that was this violation about which katherine was reporting. >> when you have a person of interest in such and you want to talk to them, you do try to check to see if there is any outstanding warrants or anything they might be able to have you detained for two reasons. one, to prevent the person from getting rid of knowledge you might want or taking flight, or the fact you have them in a place to talk to them regularly and determine to the extent you want to drag information out of them. >> shep: the allegation in the confident on page 2, one of these suspects conspired to violate knowingly destroying, concealing or covering up tangible objects belonging to tsarnaev, namely a laptop computer and back tack
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containing fireworks, and with the intent to impede, obstruct and influence the criminal investigation of the marathon bombings. it goes on to say that the second of the three suspects knowingly and willfully made material false misstatements to federal law enforcement investigators during a terrorism investigation. sir, at least extremely serious charges. >> yes, they are. and the extent of the complaint and the details that they state there, their intention it seems to be very intent on what they are doing and not just something that oh, let's just do that. we don't know what's going to happen. they had some thought through this. >> shep: if i'm investigators, i want to know what they knew in advance and i want to know how they made this decision. you can put this off on youthful naivety if you want to, but that 19-year-old is old enough to go to war for this nation and that 19-year-old is alone in college
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and supposed to be able to make decisions for himself. and he did. he made a decision that allowed these two terrorists to go back and murder a police officer after that. who the hell know what is would have happened if they could have done what they wanted? i'm guessing that our government is going to throw the book at these people as hard and as far as it can. >> the evidence, the government will go after them for everything they can. if you look at the point, the backpack is one thing, but taking the laptop computer and destroying that, now adays, young individuals are going to school and the people growing up live in electronic world. they know the value of data and the value of hard drives and computers and how evidence can be there. by taking that out, you show more of the culpability of what they're trying to do. >> shep: all right. good of you to be here. thank you very much. expert analysis coming up, heather hanson will be with us in just a moment. we'll have much more from boston and as i mentioned a moment ago, minutes from now, a news
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>> shep: there is breaking news now on fox news channel. three more people arrested in connection with the boston bombings. 16 minutes past 3:00 o'clock in boston. we're minutes away from a scheduled news conference there during which we hope to learn more. we have a 15-page affidavit outlining the complaint against these three young men. two of thome from keyes dozen stan. one an american citizen, named robel philipos. but we do know the f.b.i. searched a landfill near the university of massachusetts dartmouth campus for two days last week. and according to these documents, the feds say they found the accused bomber's backpack, other evidence after the search, searching the landfill, very difficult task. tons of trash to be added each day. jonathan hunt is with us.
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we know now exactly how it ended up there. >> yeah. what the affidavit, this 15-page affidavit that we're all going through over the last hour says is that the three friends collectively decided to throw this backpack and the fireworks that were inside the backpack into the trash because they did not want their friend, dzhokhar tsarnaev, to get into trouble. what the affidavit also says is that dias kadyrbayev was the one who actually, quote, placed the backpack and fireworks, along with trash gathered from the apartment, into a large black trash bag, then threw the trash bag no a dumpster. that dumpster was then picked up by a trash company taken to the landfill that you're looking at right now where the feds were investigating last week. they apparently found the trash bag on friday. they say it was enclosed in a black garbage bag with red draw string handle examines inside the backpack, they recovered the fireworks, jar of vaseline that
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you heard catherine herridge talking about, and a dartmouth homework assignment sheet from a class in which dzhokhar tsarnaev is apparently currently enrolled. >> shep: they admit to all of this because here on page 8 of the affidavit, it says all three have admitted that on the evening of april 18, they removed tsarnaev's backpack from his dormitory room and two of them have admitted they agreed to get rid of it after concluding from news reports that their friend was one of the boston marathon bombers. further, it goes on to say, they spent a great deal -- they first met tsarnaev after he entered dartmouth in the fall of 2011. they tent a lot of time specializing. april 17, two days after the marathon bombings, as boston was still reeling, one of them drove to tsarnaev's dormitory and texted him to come down and meet them. when tsarnaev came down, this one man noticed that tsarnaev appeared to have given himself a short hair cut.
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jonathan, it's clear you cut your hair short from when it had been longer, you're trying not to look like the pictures that are about to be shown on television. >> and it appears from everything we're read not guilty this -- reading in this affidavit that according to the feds, these three friends had concluded, not only thought, but had actually concluded that their friend, dzhokhar tsarnaev, was indeed involved in the boston bomb attacks and then they took a very deliberate decision, because, according to the affidavit, quote, they did not want tsarnaev to get into trouble, unquote. they took a conscious decision to remove the evidence that in their view linked him directly to the bombings. >> shep: fox 25 in boston with a live interview. listen. >> and we're trying to deal with this the best we can. i know our professors are there to help us a lot. anything that's bothering us. >> what is the school doing to talk to you all about what's happening in the investigation? they're not saying much to us,
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but that's understandable, i guess. >> yeah. the school basically, every professor so far has told us that there is people we can talk to if we need to speak to someone. so they're providing care for us like that. in that way. that's pretty much it. >> there is police here. we're here. i mean, how has that changed the dynamic of this school? are people thinking of it in terms of that? >> i mean, everyone is trying to just deal with it the best they can, but they're not disrupting our classes in any way. they haven't been much of a distraction at all. that's good. it's taken a huge toll on the campus. >> thank you so much. that's the latest here from u mass dartmouth. >> shep: speaking with students there at u mass dartmouth who are clearly going through a lot. first this all began with one of the students and now there are others involved. i want to read a little bit more from page 9 of this 15-page affidavit. one of these new suspects, these two new ones, three of them all together, their names are really
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bad and if i say them, you won't remember them and i'll butcher them. so for now, until i learn them, tsarnaev's brother -- i should say roommate, let them in the dorm room, stating tsarnaev had left a couple of hours earlier. the three new suspects spent some time inside the room watching a movie and the affidavit goes on to say they noticed a backpack containing fireworks. the fireworks had been opened and emptied of powder and according to the affidavit, one of the three new suspects knew when he saw the empty fireworks that tsarnaev was involved in the marathon bombing. yet he decided to remove the backpack from the room in order to help his friend avoid trouble. he decided to take tsarnaev's laptop, as well, he did not want tsarnaev's roommate to think he was stealing or behaving suspiciously, just by taking the backpack. strong, strong accusations. news conference minutes away so that we don't miss it, we'll take a quick commercial break now, live continuing team fox coverage right after this.
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>> shep: continuing coverage from fox news channel of the three new arrests. three new suspects in connection with the boston marathon bombings. we've been told by authorities that a news conference will begin five minutes from now and we won't miss a moment of it. first some side notes on these three suspects. for one, have you heard about the license plate? jonathan hunt is here. this a weird thing. >> the two suspects who have been charged, apparently owned together a bmw 3 series, 330, as i understand it, with that license plate. you're looking at it right there now, dzhokhar tsarnaev tweeted a
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picture of that car back on march 15. it was next to a chevy and the caption read apparently, place your bets. now, i've read one report from quoting a relative of these -- one of these suspects, saying that he believes that vanity plate was sent to the two as a gag gift from friends of theirs in spain. but the fact of the matter is, that plate is the license plate that these two new suspects now charged were driving around with. >> shep: if go to twitter with the hash tag boston, you'll be able to see some pictures of these new suspects, whether they actually are or not, since we can't confirm them yet, we're not using them. if you want to go to hash tag boston, you can check that out. we'll update the breaking news. we're expecting this court hearing, a matter of minutes from now. relatives of the now dead
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suspect say they will bury his body. now that authorities are ready are release it. the body of tamerlan tsarnaev has been there since he died in the shootout with the cops. yesterday the attorney for his widow said she wants it returned to his side of the family. something that may come out of all of this, we could find out exactly what killed the suspect. the bullets or his own brother. remember, investigators said at the time, tamerlan tsarnaev's younger brother, dzhokhar, ran him over with the suv while he was trying to get away after that shootout with police. officials say they do not know the cause of death because they won't release it until somebody claims the remains. they know it. but they're not going to tell all of us because that's illegal. trace gallagher is with us. who in the family plans to recover this body? >> the uncle. remember the uncle who came out and called his nephew losers? now he's coming out and saying of course the family will claim the body of tamerlan tsarnaev and arrange for a proper burial. you'll remember it was last week said that they wouldarnaev
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immediately fly from russia to the united states, claim the body and bring it back to russia for a proper burial. the only problem is the parents are still in russia. the family does want a muslim burial, but a boston imam has come out publicly and said it will not happen here. muslim law requires the dead be buried as quickly as possible, but tamerlan tsarnaev has been dead now for almost 13 days. >> shep: the mom has made it perfectly clear that the older of the two suspects, the dead suspect was her favorite. she even said she didn't much care about the other one. but she wants nothing to do with the body. >> no, the mom wants nothing to do with the body. she's come out and said that. the father said he would come back because of respect and he would claim the body and pay for it. then, of course, you have the wife, katherine russell, she wants nothing at all to do with his body. she's distancing herself and clearly she's gone back to her maiden name, she issued a statement saying she never
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really knew tamerlan and now wants the body given to his family. she's also being investigated by the f.b.i constituent to her house, they pulled out a bunch of different items. also took dna from her to compare with female dna found on one of the bombs. so at the same time while she's trying to distance herself from her dead husband, one piece of evidence could put her right back in the middle of all this. >> shep: certainly could. trace, thanks a lot. we're expecting this news conference. it sounds like it will be a couple minutes late. we know the hearing will begin a matter of seconds from now that the suspect also face their first appearance before a judge on this new complaint. it will all be laid out then and then we expect a news conference in the very shortly after that. so minutes from now, we're expecting all this to happen. so again, i want to get in a quick commercial break. we'll have full analysis and a news conference live. this is fox news channel's breaking news coverage
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>> shep: there is breaking news now on fox news channel. a live look on the left-hand side of your screen. the courthouse in boston where minutes from now we're expecting a news conference where right now we're told there is a hearing underway. we're scheduled to have begun 3 1/2 minutes ago on these three new suspects and minutes ago, while we were in the commercial break, we received brand-new information from the department of justice for immediate release. news release on this matter. again, minutes old. the dateline boston, three men arrested in connection with the boston marathon bombing investigation. three men were arrested and
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charged today in connection with the bombing investigation. they are dias kadyrbayev, 19 years old. and azamat tazhayakov, also 19 years old. charged in a criminal complaint with conspiracy to obstruct justice by conspiring to destroy, conceal or cover up hangable objects belonging to the suspect of the marathon bombing, dzhokhar tsarnaev, namely a laptop computer and a backpack containing fireworks. a third man, robel philipos, 19 years old, was charged with willfully making materially false states to federal law enforcement officials during a terrorism investigation. i'll let you know this as an aside, that's a more serious charge. the lying charge carries a greater penalty than the charges of in essence throwing away the stuff. we'll get into the details of that. back to the news release. according to the affidavit, accompanying the complaint, dias
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kadyrbayev and azamat tazhayakov -- imagine losing your place in a blackberry. according to the indictment, the two are both nationals of kazakhstan who entered on student visa. they face a maximum sentence of five years in prison and a quarter million dollars fine. robel philipos, the u.s. citizen, faces a maximum sentence of eight years in prison and a $250,000 fine. i'll get back to this, but i want to bring in heather now. first, we want to go to david lee miller. heather hanson is here in studio, criminal defense attorney and with knowledge of these sorts of things. it seems as if this is the beginning. to suggest that all that they will be charged with are these and five years and eight years respectively, really throws a blind eye to what this affidavit suggests because what this affidavit suggests is clear. >> especially the footnote. the footnote, which everyone has underlined again and again, where they say that they knew in
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advance that these brothers actually knew how to make bombs. so if you look at that, it's certainly something that could lead to further investigation. the issue is now that they have these gentlemen in their custody and they can use them for investigation. the best thing about this type of investigation is they can get more information from them. where did the brothers get their radicalization? where did they get the materials for the bombs? all of these things are the type of investigation that they're going to use and it's the only hope on the defense side is to be able to negotiate, give them some information and maybe bring down some of these charge. >> shep: i wonder with the american citizen if you can't say to this american citizen who lives in cambridge, look here. you made a very bad decision and if you knew about this in advance, anything about it in advance, any single solitary thing, you better give it up, unless you want more. i covered crime ask justice long enough as a journalist for 15 years before coming to this network to know that's how it works. they get you in a room and they
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lay out what your life might be and it is not pretty. >> they've used that. in 2009, the attempted subway bombings, they used the information that they got from people that they had arrested on obstruction of justice charges to make the case against the attempted bombers. so it is something that they're going to absolutely use. when they arrested the people in new bedford, they arrested a woman as well. we haven't heard anything about her. i'm sure there is further investigation here. if you're defending these guys, you need to be trying to negotiate some sort of deals here. the other interesting thing is that the lawyers that have been quoted as representing the two gentlemen from kazakhstan are actually, i think, immigration lawyers because they were in court for immigration issues. not criminal issues. so that lawyer may change. >> shep: yeah. that would be my guess. again, it's our understanding the hearing is underway and a news conference scheduled minutes from now. peter king is joining us live. is it fair to say you've been briefed and do you know anything more about the suspects? >> i have not been officially
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briefed, but been in contact with law enforcement. no, not very much more. other than the fact that i just think that there could be more here than that's in the complaint. i'm just trying to put some dots together here as to why the younger brother would feel safe in suggesting these guys go to his room and remove evidence. why they seemed to go so quickly, why they -- they would have the reaction to see the worst massacre in boston history that they casually decide to help a friend. that just seems to be unusual reaction. i think it's interesting to find out what they may have known beforehand. not that they're part of a plot or anything else, but one of the defendants says the younger brother told him a few months before that he learned how to make bombs and that also on the
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defendant -- one of the defendants says he walked in the room and saw vaseline. he knew that meant they were making a bomb. that's not what the average person would think in that situation. i'm wondering if they were aware of more than they're saying -- that's been said publicly now to the f.b.i. and the attorneys trying to figure out what that was and who else might be involved and these charges against them certain to be a bargaining wedge for the government. >> shep: congressman, stand by for just one second. we just got word from andrew phone who is our producer inside the courtroom right now and he has just messaged me that the suspects have entered the courtroom, shackled and wearing street clothes, whisper quiet as everyone awaits the judge. so the judge is not yet in the courthouse, or in the courtroom. we'll know seconds from now. congressman king, do you have any information about the possibility of anyone else? we did have word about a woman who had been at least in custody. >> no. i had -- no, i had not heard
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anything about a woman. i heard that from a reporter. i heard about these three people. i heard about the three defendants, two being foreign students and the third being a u.s. citizen. and the two foreign students have been held on immigration charges, immigration violations. >> shep: you wonder if they've been talking during that time. >> i would hope so. i mean, i would hope -- to me, it's really finding who else was involved, when people first became aware of this, what was involved in radicalization and worst of all, the other conspirators out there that any of these three might be aware of. >> shep: congressman, when reading this affidavit and especially that footnote, the first thing that came to mind was they heard about this massacre and instead of calling 911, they helped their friend. that leads me to ask the question at least, are there others of like mind out there now who might want to carry out
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a similar attack? >> shep, that is exactly the question i have and that's i'm sure is what the f.b.i. is thinking and just really -- what has to be analyzed and also like someone saying throw the pot out of the room. we're talking about the worst massacre, obstruction -- destruction of bodies, human beings. and to the likes of me, i can't understand how any normal person, their reaction would be to throw the evidence out so casually, to go to the room and watch a movie. all this. none of it adds up to me. that's why the f.b.i. is concerned that there could be others involved here. >> shep: yes. congressman king, i'm hoping to learn soon and i hope that the authorities have a good handle on this. it sounds like they're making great progress. congressman peter king, thank you. >> thank you. >> shep: we now know that the suspects are in the courtroom at
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last word, the judge is not in there, but our david lee miller is just outside the courthouse now with good communications line inside. what are you hearing? >> as you would expect, security here is extremely tight. before the hearing got underway, a bomb dog was brought in to make sure that there was nothing dangerous in the courtroom. we understand that the suspects were brought in, all of them in street clothes, they were shackled and any moment now, we expect the federal magistrate to enter the courtroom. if you read the affidavit, it spells out very clearly what at least two of the three are accused of here when weather it comes to disposing of evidence and i will read a portion of the affidavit. according to dias kadyrbayev, they decided to throw the backpack and fireworks into the trash because they did not want tsarnaev to get into trouble. he was a friend of theirs. it goes on to say, he placed the backpack and fireworks into the trash, gathered from the apartment into a large black bag and threw the trash into a
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dumpster near the carnegie drive apartments that two of the three were living in. now, the f.b.i. was able to find that backpack and retrieve it, still missing is the laptop computer. not clear how helpful it would be to recover that computer, but at this time, the authorities are not saying that it has been recovered. we expect this hearing to get underway in a few moments time and we understand, too, that it is likely that two of the three accused, the two kazakhstan citizens are going to plead not guilty. this information coming from one of their attorneys. they face as much as five years in prison. as for the u.s. citizen here, his name, robel philipos, he allegedly lied to authorities. he is collectively or potentially facing as much as eight years behind bars. >> shep: david lee back to you as the hearing concludes, it's
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not quiet underway. it means we're a few minutes away from this news conference as a result. we'll slide in a quick commercial break. i'm shepard smith in new york. this is fox news channel's breaking news coverage [ lisa ] my name's lisa, and chantix helped me quit.
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>> shep: breaking news on fox news channel, the suspects are in court at the federal courthouse in boston right now waiting to have their first appearance before a u.s. magistrate in connection with brand-new charges in connection with the bombing of the boston marathon. criminal against attorney heather hanson again with us here in studio.
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this could be the beginning. not the end. >> absolutely going to be the beginning. not just for these guys, but for other people for sure. they are going to use them to investigate everyone they possibly can, get all the information they can. i think that's why you'll see the not guilty pleas. they're going to plead not guilty and then try to come to some sort of deal. it seems from the affidavit that these gentlemen knew that the guy was a suspect. they had seen the pictures on cnn and realized that dzhokhar had probably committed this crime. >> shep: excuse me, we've just gotten information from inside the courtroom. it's an initial appearance. first appearance, we call it in local. they've just continued this to may 14 at 11 a.m the defendants waived bail and they have volumery did voluntary defangs. one of the two dozen stan.
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-- azamat tazhayakov, another of the kazakhstan defendants briefly condition perked with their attorneys. magistrate bowler presided over the proceedings and robert stall represented the defendants. the judge said defendants please stand. the judge explained the constitutional rights, said you have been charged, april 18 to april 19 in bristol, connecticut. you are charged with lily conspiring with each other to commit an offense against the united states by knowingly covering up objects owned by dzhokhar tsarnaev, namely a laptop computer and backpack, with the intent to impede, obstruct and influence a criminal investigation of the marathon bombing. again, this is a transcript of what just happened inside the courtroom. you face a possible sentence of five years in prison.
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she explains rights. right to counsel, right to remain silent, et cetera. both defendants said that they can afford a lawyer. azamat tazhayakov waived the right to bail, went to voluntary detention. dias kadyrbayev waived the right to bail and entered voluntary detention. the government then asked for detention, said they're a serious risk for flight and obstruction of justice from kazakhstan. azamat tazhayakov and dias kadyrbayev both friends of dzhokhar tsarnaev, the suspect here, and students at u mass dartmouth had been held on visa violations. then there is the third guy, robel philipos, the third and newly apprehended reportedly today, charged with making false statements in a terrorism investigation. according to the court affidavit, one hour after investigators released surveillance photos of tsarnaev's brother, dzhokhar, he texted the defendants, college friends and others.
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so there you have it, the layout from the court. the next court hearing is may 14 at 11 a.m we'll have continuing coverage and what all this means for the investigation about the possibility of others as "studio b" continues after this.
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>> shep: continuing coverage of breaking news from boston. the first appearance of two of the three new suspects today has just ended. the first appearance for the third suspect, the american citizen from cambridge, massachusetts, is about to begin. a little more color from inside the courthouse from our producer who is there. the two suspects from kazakhstan were escorted from the courtroom, handcuffed, reshackled, whisper quiet in there, and taken from the room and now they're waiting for the first appearance of the third suspect, who we understand was
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just picked up today. his name is robel philipos of cambridge, massachusetts. the criminal defense attorney heather hanson with us. a lot of work to be done. they're handling these two -- the two and the one separately. >> that's probably because the two had been in custody and the other was picked up today. it will be interesting to see if the other has an attorney. i had read the two from kazakhstan that had attorneys provided by the consulate. the one today may not have an attorney. then this becomes the issue do they get a public defender, there is a conflict there because they're representing the bombing suspect. >> shep: briefly what happens two weeks from tomorrow? >> they will get before the same judge, magistrate judge, the charges will be read to all three of them. they will have to enter a plea and then they will set a time limit for discovery and proceeding with the case. >> shep: so mostly procedural at this point? n mainly procedural. >> shep: one thing we do know is that dias kadyrbayev and azamat tazhayakov are back in jail and
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they are awaiting that arraignment which will happen on may 14 at 11:00 a.m. in boston. we're about to start, i'm led to believe, the first appearance for robel philipos, again, they're all 19 years old, and according to authorities, they all made the decision that instead of calling 911, they would hide the evidence. continuing coverage right after this come here, boy.
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>> shep: it's been a bad day on the dow. we're off 140 points as we near the closing bell. inventories are way up.
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materials and energy stocks hit the toilet today. oil down 3% to $90 a barrel. gold down 2%. all part of your world and your world with neil cavuto begins right now. >> neil: thank you. it's bigger than we thought because now we're learning one of the boston bombing suspects may have had some help and the attorneys representing those folks are about to speak. welcome, everybody. i'm neil cavuto. here is what we know right now. three college friends of suspect dzhokhar tsarnaev are now under arrest. two of the suspects originally from kazakhstan are accused of removing a backpack containing empty fireworks from tsarnaev's dorm right and -- room and trying to destroy the laptop. a third man, a u.s. citizen, is also under arrest accused of making false statements to investigators. the bottom line here, all are essentially accused of obstructing justice. much more with david lee miller